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AMERICAN LUNG ASSOCIATION v. BROWNER

No. Civ 93-643 TUC ACM.

884 F.Supp. 345 (1994)

AMERICAN LUNG ASSOCIATION, a nonprofit association; et al., Plaintiff, American Mining Congress, Arizona Mining Association, San Manuel Arizona Railroad Company, GSA Resources, Inc., American Iron and Steel Institute and Hearth Products Association, Plaintiff-Intervenors, v. Carol BROWNER, Administrator of the United States Environmental Protection Agency, Defendant.

United States District Court, D. Arizona.

October 6, 1994.

Attorney(s) appearing for the Case

David S. Baron, Arizona Center for Law in Public Interest, Tucson, AZ, for American Lung Ass'n, a nonprofit ass'n, Arizona Lung Ass'n, a nonprofit corp. aka American Lung Association/AZ, Dana Larsen, Brian McCarthy.

Ted B. Borek, U.S. Atty., Tucson, AZ, Karen L. Egbert, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for Carol Browner, in her official capacity as Adm'r of the U.S. Environmental Protection Agency, U.S. Environmental Protection Agency.

Newman R. Porter, Lewis & Roca, Phoenix, AZ, James E. Gilchrist, American Mining Congress, Washington, DC, for American Mining Congress.

Newman R. Porter, Lewis & Roca, Phoenix, AZ, for Arizona Mining Ass'n, San Manuel Arizona Railroad Co., GSA Resources, Inc.

ORDER

MARQUEZ, Senior District Judge.

Background

Underlying this law suit is the issue of whether the Defendant, United States Environmental Protection Agency (EPA), has established legitimate national ambient air quality standards (NAAQS) and particulate matter (PM) criteria. Plaintiff, American Lung Association, contends the EPA's current PM10 standard is too lax to protect the public health and welfare; Intervenors contend it is too strict...

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